Joseph L. Gordon v. James K. Adcock

Gordon’s action for libel in state court was removed to the district court pursuant to 28 U.S.C. § 1442 (a), where it was dismissed. Action was based on a written statement made by Adcock, an officer in the United States Air Force, to the Civil Service Commission. Gordon appeals and we affirm.

Gordon, a retired Air Force officer, applied to the Civil Service Commission for federal employment in January 1964. In the course of its investigation of his qualifications, the Commission addressed an inquiry to Lieutenant Colonel James K. Adcock, then on active duty in Germany, who had, for several years, been Gordon’s superior officer.

The Commission’s form letter said in part:

Adcock’s confidential response was not a recommendation of his former subordinate officer but rather characterized him as “slow and lethargic; shows little initiative; does just enough to get by * * *. I wouldn’t employ this individual in any job under any circumstances.”

Under Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959), government employees have an absolute immunity against suits for damages based on libel and slander for actions taken by them “within the outer perimeter” of their…